A plaintiff must prove the defect and damage. The fact of the DePuy “recall” is useful to prove the defect, but it would be necessary to engage an expert in the issue. The damage would vary from case to case, but it is difficult to see how any plaintiff with a DePuy hip would avoid ex-plantation before the expiration of the expected use life of the hips, 10 to 15 years.
Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.
What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.
Errors in assessment (barring a constitutional action yet to come) cannot result in claims against the Injuries Board, but that is very likely not true of the doctors working for the Injuries Board/respondents.
This means that confusion as to who is or is not an employee need not deprive an injured person from securing proper compensation when injured in a workplace.
The Irish State has a very poor record in defending the constitutional right to compensation for personal injury.
Which of us is happy with our handwriting? Some, no doubt, but for many of us the admirable writing in our school handwriting workbooks is a thing of the past. [The United States of America produced its Declaration of Independence in cursive script (HERE)] So it is with other standards. Here in Ireland we call cursive script joined-up-writing and we aspire to that, but we have little tradition of its cousin, joined-up-government. In Ireland, government must be conducted in accordance […]
The title to this post is a misnomer; it implies that there is one single location where the law on limitations of action is stated. This is not the case, but it is the colloquial method of referring to the issue. The issue is this; at what point and in what circumstances will an alleged injured person (injured in body, property or reputation) be prevented from maintaining legal proceedings, for redress, due to delay in bringing the proceedings? All common […]
What happened, then, to those Bye Laws on the repeal of Section 54 of the Public Health (Ireland) Act 1878 in 1996?
This legislation clearly states that the snow is a nuisance. It is a public nuisance if it is on the public pavement. If it is not cleared off by the adjoining occupier, it is being maintained by him/her. Consequently the occupier is answerable for injury sustained by passersby who fall on the snow.